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2023 Supreme(Del) 10248

HIGH COURT OF DELHI
SIDDHARTH MRIDUL, AMIT SHARMA, JJ
ARIZ KHAN – Appellant
Versus
STATE OF DELHI – Respondent


Advocates:
For the Appellants/Petitioners: Mr. M. S. Khan, Mr. Prashant Prakash, Ms. Qausar Khan, Mr. Rahul Sahani
For the Respondents: Mr. Rajesh Mahajan, Ms. Asha Tiwari, Ms. Jyoti Babbar, Mr. Ranjeeb Kamal Bora, Mr. Kuldeep Chauhan

JUDGMENT

Introduction

1. The present judgment disposes of the aforesaid appeal and death sentence reference. Details of the appeal and the death sentence reference are as under:

1.1. Criminal Appeal No. 9/2022 titled ‗Ariz Khan v. State of Delhi‘ - This appeal under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‗CrPC‘) assails the judgment of conviction dated 08.03.2021 and order on sentence dated 15.03.2021, passed by Sh. Sandeep Yadav, ASJ-02, South- East, Saket in Sessions Case No. 212/18, arising out of FIR No. 208/08, P.S. Jamia Nagar, titled‘ State v. Ariz Khan @ Junaid @ Anna @ Salim‘; whereby Ariz Khan has been convicted for offences under Sections 186 /333/353/302/307/34 of the Indian Penal Code, 1860 (hereinafter referred to as ‗ IPC ‘), Section 27 of the Arms Act, 1959 and Section 174A of the IPC and has been sentenced as under:

i. Sentenced to death (hanged by the neck till he is dead) alongwith a fine of Rs. 10,00,000/- and in default, simple imprisonment for 06 months for offence under Section 302 of the IPC .

ii. Further rigorous imprisonment for 03 months for offence under Section 186 of the IPC ;

iii. Further rigorous imprisonment fo

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